National Trucking Law Award Renamed in Honor of Robert W. Munley

Marion and Daniel Munley receive national trucking law award renamed in honor of their father and Munley Law Personal Injury Attorneys founder, Robert W. Munley

Marion Munley and Daniel W. Munley received the American Association for Justice (AAJ) Trucking Litigation Group’s “Robert W. Munley Award” on Sunday July 12 during the AAJ’s virtual Annual Convention.  Formerly the “Chairman’s Award,” the award was renamed this year in honor of the late Robert W. Munley (1930-2019). The award is presented annually by the Chair of the Trucking Litigation Group to an attorney who has done extraordinary work to further the group’s objectives: educating other lawyers on trucking law matters and contributing to the improvement of highway safety through legal work and advocacy.

A trucking law pioneer

Attorney Jeanmarie Whalen, a partner at the Florida firm Domnick, Cunningham and Whalen and immediate past chair of the Trucking Litigation Group, […]

Employees sue companies in public nuisance lawsuits

COVID-19, workplace protections, and public nuisance lawsuits

The coronavirus pandemic has drawn attention to issues related to workplace safety and employee protections.

This week, the Pennsylvania Department of Health issues a new order requiring hospitals to better protect healthcare workers from the coronavirus. Hospitals will be required to provide respirators to staff involved in direct care of COVID-19 patients, replace soiled or damaged respirators on request, require universal masking, and notify staff members who have been in close contact with someone who has tested positive for COVID-19. They must also provide testing for their workers. These changes come after months during which nurses and other healthcare workers complained of inadequate protections, rationing PPE, and other safety concerns.

Workers suing McDonalds, Amazon test public nuisance theory in workplace safety lawsuits

Employees at McDonalds and Amazon seeking better workplace conditions have taken legal action against their employers. […]

How long does it take to resolve a personal injury case?

How Long Does It Take to Resolve a Personal Injury Claim?

One of the most common questions that our clients ask is: how long it will take to settle my personal injury case?  Unfortunately, no lawyer can answer that question for certain because every case is different and it can take time to reach the best outcome possible (if you encounter a lawyer who claims to be able to resolve your case in a fixed time period, that may be a red flag, and worthy of considering a change in representation). And of course, if the insurance company refuses to offer an acceptable settlement, your case may go to trial which will extend the timeline a bit further.

To help you understand what to expect in a personal injury case, our experienced personal injury litigation team at Munley Law Personal Injury Attorneys explain the timeline of a typical case and the factors that can impact your recovery. […]

Frequently Asked Questions About Sepsis

Sepsis FAQ: I Was Diagnosed with Sepsis–Can I Sue the Hospital?

What is sepsis and is it serious?

According to the Center for Disease Control and Prevention (CDC), sepsis is the body’s extreme inflammatory response to an infection that occurs when harmful germs, bacteria, and toxins enter the blood, skin, lungs, urinary tract, or other tissue and cause an infection. If that infection is not treated, it can spread and cause sepsis.

The CDC classifies sepsis as a life-threatening medical emergency, sometimes resulting in the need for amputation, organ failure, and death.

Sepsis has a remarkably high mortality rate; about 50% of the 1.5 million people who contract it go into septic shock.

What Causes Sepsis?

Any infection can cause sepsis, but the most common types of infections that eventually lead to sepsis are:

• Pneumonia and Other Lung Infections
• Urinary Tract Infections
• Abdominal Infections
• Bloodstream Infections
• Kidney Infections
• Skin Infections

According to the CDC, […]

Cocktails To-Go Approved in Pennsylvania

Cocktails to-go allowed in Pennsylvania, under these conditions…

Pennsylvania has joined many other states around the country in allowing restaurants and bars to serve take-out cocktails.  With bipartisan backing, Governor Tom Wolf signed this temporary measure.  The new law applies to hotels and licensed restaurants and taverns that have lost at least 25% of their average monthly sales as a result of restrictions placed on them during the covid pandemic.  The hope is that this new flexibility will allow restaurants not only to stay in business but to possibly hire back additional employees that may have been furloughed. 

The drinks must be a combination of spirits and mixers and must be made on the premises.  Wine and cocktails made with wine are not included.  

The beverages must be served in sealed containers no smaller than 4 ounces and no larger than 64 ounces.  […]

Marion Munley and Daniel Munley: Lawdragon 500 Leading Plaintiffs Lawyers

Marion Munley and Dan Munley Named to 2020 Lawdragon 500 Leading Plaintiff Consumer Lawyers List

 Marion and Dan are the only Scranton lawyers to make the 2020 list. 

On April 3, 2020, Lawdragon Magazine named attorneys Marion Munley and Dan Munley to its prestigious list of the 500 Leading Plaintiff Consumer Lawyers. Only twenty-seven Pennsylvania practitioners made the 2020 list, and the two Munley Law Personal Injury Attorneys attorneys are the only Scranton area lawyers to be given this distinguished honor.

In determining the 500 Leading Plaintiff Consumer Lawyers, Lawdragon investigated practitioners in all fifty states and the District of Columbia. Only lawyers who have consistently demonstrated the highest quality of legal representation over the course of their careers are eligible to be named, and Lawdragon places particular attention on attorneys’ recent achievements.

In addition to being named one of the 500 Leading Plaintiff Consumer Lawyers, […]

FMCSA Issues Final Rule on Truckers’ Hours of Service

FMCSA New Rules

On May 14, 2020, the Federal Motor Carrier Safety Administration (FMCSA), a division of the federal Department of Transportation (DOT), announced four regulatory changes. These revisions are meant to provide truck drivers with greater flexibility while preserving the safety of commercial truck operators, manufacturers, and retailers. FMCSA Acting Administrator Jim Mullen stated that the changes were based on thousands of suggestions from drivers and other trucking industry members and comments from the public over the last two years. The agency predicts that these amendments will provide $274 million in annualized cost savings.

What Do the FMSCA Revisions Change?

The FMCSA revisions make the following changes to Hours of Service (HOS) regulations:

Expansion of the “Short-Haul” Exception: The FMCSA imposes tracking, reporting, and other requirements for commercial truck drivers, but exempts drivers who do not exceed certain driving and on-duty hours maximums under a “short-haul” exception. […]

Business Interruption Insurance

Business interruption insurance is designed to cover the loss of income normally earned by a business as a result of the forced suspension of operations. Unlike property insurance, which covers physical damage, business interruption insurance protects against lost income while the business is closed, and during the rebuilding period after the closing. 

Given the current coronavirus pandemic, the Governor of the state of PA, along with governors in many states throughout the country, has issued a state-wide mandate requiring all non-essential businesses to close. As a result, businesses are looking to their business interruption insurance to help them survive. 

Most business interruption policies will cover:

Profits that would have been earned, based on prior financial statements

Fixed costs still being incurred despite the closure

Extra expenses to allow the business to continue to operate until a return to more normal circumstances

Employee wages to allow you to retain your employees

Taxes to allow you to remain current on taxes and avoid penalties

Loan payments 

When businesses are allowed to re-open, […]

Grocery Workers Request First Responder Designation

Roughly 30 grocery store employees have died as a result of COVID-19 and another 3,000 have been directly impacted by the virus, according to a recent report by the United Food and Commercial Workers International Union (UFCW).

On April 14, Kroger, the country’s largest grocery store chain, and the UFCW, issued a joint statement calling on federal and state governments to designate grocery store employees as  first responders. Doing so will allow priority access to personal protective equipment such as masks and gloves.  

Supermarkets have remained open throughout the pandemic.  Thousands of employees continue to work and many of these people have been working extended over-time hours to compensate for co-workers that have contracted COVID-19 or are taking time off to care for ill family members. Many of these employees are working without any protective gear. 

Industry experts anticipate difficulty continuing to retain and add new employees to staff the ever increasing demand for new jobs.  […]

Caring for a Sick Household Member

What should I do if a member of my household gets sick?

Most people who get sick with coronavirus only have mild symptoms and are able to recover at home. If your employee or coworker tests positive for COVID-19, consider sanitizing and disinfecting your workplace to eliminate harmful germs.   If you suspect you or a household member has coronavirus, you should call your doctor or county health department for medical advice. Ask  if COVID-19 testing is available and recommended.  Without testing, you will not know for certain if the illness is coronavirus or something else. Follow this guidance from the CDC:

Have the sick person stay in one room as much as possible.

Have them use their own bathroom, if possible. 

Have them wear a cloth face covering, especially when around other people.

Avoid sharing personal household items, […]

Hospitals Facing Dire Shortage of Needed Medications

We are all aware of the critical shortage of medical equipment such as N95 masks needed to protect our health care workers, and ventilators to help ill patients breathe. But hospitals are now running low on essential drugs as well.  

Medications needed to support ailing respiratory systems, antiviral medications and sedatives are all in short supply.  Premier, a company that works with many hospitals for their medication purchasing, has compiled a list of 15 critical drugs for treating COVID-19 that are either facing a shortage or already in short supply. They have reported that 70% of acute care responders reported at least one shortage of one of these COVID-19 drugs.  Among non-acute responders, such as pharmacies, long term care facilities, and home care facilities, 48% reported shortages.

These drugs are used for a variety of purposes, including pain management, […]

Daniel Munley: Lawyer of the Year, Product Liability Litigation-Plaintiffs, Allentown

Daniel W. Munley has been named “Lawyer of the Year in Product Liability Litigation-Plaintiffs for the Allentown Metro Area” by The Best Lawyers in America©  in 2020.

Dan Munley, who is board certified by the National Board of Trial Advocacy in Civil Trial Law, Civil Practice Advocacy, and Truck Accident Law, is a longstanding truck accident lawyer with a national reputation for successful representation of clients at trial. He is also certified by the Association of Plaintiff Interstate Trucking Lawyers of America (APITLA).

Mr. Munley has received numerous awards. Among others, he has been named one of the Top 100 Trial Lawyers  in Pennsylvania by the National Trial Lawyers Association and recognized by the French Consulate in New York City and the Association of Trial Lawyers of America for his representation of the family of a victim of the September 11, […]

Marion Munley: 2020 Lawyer of the Year, Personal Injury Litigation – Plaintiffs, Allentown Metro

Marion Munley Recognized as 2020 Lawyer of the Year in Personal Injury Litigation-Plaintiffs in the Allentown, PA Metro Area

Marion Munley has been named “2020 Lawyer of the Year in Personal Injury Litigation-Plaintiffs – Allentown Metro Area” by The Best Lawyers in America©  in Pennsylvania.

A board-certified personal injury lawyer, she was named Lawyer of the Year  in Product Liability Litigation-Plaintiffs-Allentown Metro by Best Lawyers in 2017 and 2019. She also was selected by her peers for inclusion in “Best Lawyers in America” in the areas of Personal Injury Litigation – Plaintiffs, Medical Malpractice Law – Plaintiffs, and Product Liability Litigation – Plaintiffs from 2012 through 2020. Marion holds an AV-Preeminent rating from Martindale-Hubbell, a peer rating for the highest level of professional excellence and high ethical standing. […]

Making the Case | Specific Loss

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Multiple couples sue CHA Fertility Center over embryo mix-up

This week, two couple filed separate lawsuits against the same fertility clinic in California after a devastating mix-up. One mother gave birth to children who turned out not to be her own, and another would find out that her son had been born to someone else.

Here’s what happened…

A New York couple had been trying for more than six years to have children of their own. They underwent multiple cycles of in vitro fertilization (IVF), a costly process by which embryos are created using the mother’s egg and father’s sperm, stored and preserved, and then are implanted in the womb, with the hope of a successful pregnancy. After multiple failed cycles, the couple was informed that they finally succeeded, and were expecting twin girls (the embryos they created had been female). The first signs of trouble came when ultrasounds showed two male babies, […]

DOT to relax trucker drive-time regulations

DOT Rules and Regulations For Truck Drivers

The Department of Transportation is poised to loosen federal regulations that govern how many hours at a time truck drivers can legally stay behind the wheel.

The current hours of service regulations limit driving to 11 hours in a 14 hour on-duty period, followed by at least 10 hours of rest off-duty before a new shift can begin. Additionally, regulations require that drivers take a 30-minute break before hitting the 8-hour mark. Violating these rules can come at a steep cost, even putting drivers “out of service” for a day or more. When you’re paid by the mile, that time can make a big difference.

To enforce these rules, the previous administration mandated the use of electronic logging devices or ELDs. While paper log books could be easily falsified (something we often found in truck accident investigations), […]

E-Commerce means more truck traffic in NEPA

In the past decade, Northeastern Pennsylvania (NEPA) has rapidly become a hub for e-commerce distribution.  E-commerce, or the ability to buy and sell items online, is quickly becoming one of the most popular and easiest ways for people to shop.  As a result, more tractor trailers carrying online purchases are on the road than ever before.  For this area especially, tractor trailer traffic has increased exponentially.  Distribution and fulfillment centers continue to pop up throughout the region—across Lackawanna, Luzerne Monroe, Wayne and Schuylkill Counties, there are over 30 industrial centers, each with their own small community of businesses.  Twenty-two industrial centers are located in Lackawanna and Luzerne Counties alone.

                Companies
with distribution and fulfillment centers located in this area include Walmart,
Amazon, Gatorade, PepsiCo, ABF Freight, Quaker Oats, and Hershey.  Currently, Chewy.com, Patagonia, and Adidas
are working on building their own fulfillment and distribution centers in the
area.  […]

$29.4 million verdict in Johnson & Johnson talcum powder case

J&J Talcum Powder Case

On Wednesday March 13, 2019 a California jury awarded Teresa Leavitt $24.4 million and her husband, Dean McElroy $5 million in a trial brought by them against Johnson & Johnson.  Teresa Leavitt believes her mesothelioma, a terminal disease caused by asbestos exposure, is linked to her regular use of Johnson & Johnson’s talcum powder. 

The Leavitt case is the first case to be tried since a bombshell report by Reuters and the New York Times about the contamination of baby powder with asbestos.  Both reports sighted leaked internal documents showing Johnson & Johnson knew about the problem as far back as 1971.

Johnson & Johnson said they were disappointed in the verdict and they would pursue an appeal. Johnson & Johnson’s spokesperson, Kimberly Montagnino said, “we will pursue an appeal because Johnson’s Baby Powder does not contain asbestos or cause cancer.”  She also stated, […]

Gov’t shutdown halted investigation of deadly crashes

Amid the 35-day partial government shutdown earlier this year, NTSB investigations of deadly crashes were put on hold. At this point, crucial evidence may be lost forever.

On December 22, 2018, the United
States government came to a grinding halt in what would become the longest
government shutdown in U.S. history.  The
shutdown, which was temporarily brought to an end on January 25, 2019, not only
left government workers furloughed or working without pay for 35 days, but also
negatively impacted several federal agencies and organizations.

                One such agency is the National Transportation Safety Board (NTSB).  The NTSB is responsible for determining the probable cause of transportation accidents, promoting transportation safety, and assisting victims of transportation accidents and their families.  Any delay in investigations has the potential to prevent insurance companies from paying claims to victims and their families as well as preventing justice from being served in the event of criminal cases. […]

Trucking app promises progress, but raises safety questions

Technology has the capacity to transform the trucking industry and improve truck drivers’ way of life. Of course, that technology comes with questions about highway safety and to what extent tech companies can be held liable as their products become increasingly central to our lives.

The trucking industry is a fast-paced, competitive environment worth hundreds of billions of dollars. This market, combined with the overall unavailability of a direct and easy way for truckers to arrange the loads they haul, leaves a gap for the ever-growing technological advancement of our modern age to creep in. In 2013, Drew McElroy and Jonathan Salama took advantage of this gap to create the app “Transfix.” This app aims to make it easier for independent truckers to schedule loads, thereby decreasing the amount of time a truck may sit empty, losing money. Typically, independent truck drivers rely on freight brokers to schedule the loads they haul. […]